Billionaire and minority owner of the Dallas Mavericks, Mark Cuban, recently came under fire for posting about his stance on DEI hiring practices. The business icon claimed that while he doesn’t “exclusively” hire someone based on their immutable characteristics, he does consider aspects such as race and gender in the hiring process.
“I’ve never hired anyone based exclusively on race, gender, religion. I only ever hire the person that will put my business in the best position to succeed. And yes, race and gender can be part of the equation. I view diversity as a competitive advantage Now how would you propose finding organizations that give preference to white people? Why aren’t you working as hard to show examples of white preference as you are DEI? You claim to abhor both,” Cuban posted on X.
The billionaire was responding to a post from “The Rabbit Hole,” who was engaging in discourse on demographic-based hiring with Cuban. The post advocated for “colorblind meritocracy,” which solely assesses a prospective employee’s ability to provide value for the company. “The Rabbit Hole” even insinuates that hiring rooted in DEI principles even violates the Civil Rights Act.
“I believe in a colorblind meritocracy; this means I am against forms of hiring which undercut merit including forms of hiring which cut out merited individuals over their group association(s). I’ve answered plenty of your questions so can you do one for me: Title VIl of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex and national origin. Have you have hired people on the basis of demographics on the belief that doing so better positioned your companies to succeed? Thank you,” The Rabbit Hole posted.
I’ve never hired anyone based exclusively on race, gender, religion.
I only ever hire the person that will put my business in the best position to succeed.
And yes, race and gender can be part of the equation. I view diversity as a competitive advantage
Now how would you… https://t.co/gxdtauMHtz
— Mark Cuban (@mcuban) January 28, 2024
Cuban faced intense criticism from social media users following his comments, even drawing the attention of Andrea R. Lucas, the Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC). Lucas informed Cuban that according to U.S. law under Title VII, race and gender cannot be a factor in employment decisions.
“EEOC Commissioner here. Unfortunately you’re dead wrong on black-letter Title VII law. As a general rule, race/sex can’t even be a “motivating factor”—nor a plus factor, tie-breaker, or tipping point. It’s important employers understand the ground rules here,” Lucas told Cuban.
Conservatives across the social media platform instantly weighed in on the series of posts between Cuban, “The Rabbit Hole,” and Lucas. Popular conservative account, “Libs of Tik Tok,” commented on the exchange, disavowing DEI and noting that Cuban could face legal action.
“Mark Cuban just casually admitted to breaking the law in his hiring practices. A commissior for the U.S. Equal Employment Opportunity Commission (@USEEOC) set him straight. Mark Cuban opened himself up to endless lawsuits… DEI needs to be abolished. It’s poison,” posted Libs of Tik Tok.
Mark Cuban just casually admitted to breaking the law in his hiring practices.
A commissior for the U.S. Equal Employment Opportunity Commission (@USEEOC) set him straight.
Mark Cuban opened himself up to endless lawsuits…
DEI needs to be abolished. It’s poison. pic.twitter.com/0secsM2LaK
— Libs of TikTok (@libsoftiktok) January 29, 2024
“The law’s crystal clear. There’s no legitimate business reason that justifies discrimination based on race or sex. Mr. Cuban is conflating the idea that someone’s race and sex can be part of the complete package,” Lucas stated during an interview with Fox News, indicating that Cuban could likely be sued.
Featured image credit: Gage Skidmore from Peoria, AZ, United States of America, CC BY-SA 2.0 <https://creativecommons.org/licenses/by-sa/2.0>, via Wikimedia Commons https://commons.wikimedia.org/wiki/File:Mark_Cuban_(33561650218).jpg
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